Running Head: VICTIM IMPACT OF WRONGFUL CONVICTIONS 1
Victim Impact of Wrongful Convictions in the Texas Criminal Justice System
Charles Coon
American Public University System
2017
VICTIM IMPACT OF WRONGFUL CONVICTIONS
2
Abstract
Envision what the life of an inmate must be like behind bars. The cell doors along with
the shackled ankles having the continual clanging, the initial remarks by fellow prisoners and
constant loud shouting that reverberates down slender concrete vestibules, and the desolate six
by an eight-foot cold box that echoes blaring reminders in the night to those punished for the
crimes that they have committed. There have been many reports written on wrongfully convicted
individuals, but mainstream society is not aware of the ramifications that these people face upon
release. Present day visualizes, one of these people living this life of culpability and castigation
is justly an innocent person, held incarcerated for the crimes they didn't commit and released to a
society that you no longer know. This study will examine the number of wrongful convictions
and those exonerated since 1989 to 2015 in the state of Texas. Two hundred and forty-one
people have been exonerated and in 2015 fifty-four were exonerated in Texas alone. Exoneration
cases were observed to obtain the issues that contributed to wrongful convictions, the most
mutual offenses correlated to wrongful convictions, the consequence of the pardon based on the
discharge of charges, acquittal, or pardons. Interviews reconstructed attain exoneration case
portrayal criteria, tests confronted in handling releases, and the influences found that played a
part in wrongful conviction cases. The influences that donated to wrongful convictions were
erroneous witness identification, false admission, falsehood or false accusation, false or
deceptive forensic evidence, official delinquency, and insufficient legal defense. This study will
also let us understand the impact of wrongful convictions on victims, families, and relatives of
the victims executed. There will be particular interest in what causes these wrongful convictions,
victim testimonies, and how the wrongful convictions can have a positive and adverse impact on
the victims as well as the Texas criminal justice system.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
3
The existence of wrongful convictions in the United States has grown to significant
proportions over the last several years, regardless of modern technology and a newly developed
criminal justice. Even though with the technology of DNA being used in recent years to
exonerate those individuals falsely accused. The criminal justice system as modern as it needs to
uphold firmer guidelines, procedures, and actions to begin to eliminate wrongful convictions in
the Texas justice system and limit the impact on the victims of these sentences. Texas has been
the leading state of exonerations from wrongful convictions in the United States
Since 1989, there have been 1730 men and women exonerated in the United States, 241
of these were from Texas alone. In 2015, 149 males and females had occurred vindicated for
crimes that were not committed by them spent an average of 14 ½ years behind bars. According
to the National Registry of Exonerations annual report last year alone, fifty-four inmates from
Texas were exonerated. The National Registry of Exonerations noted that "Exonerations are now
common," the report stated. "We average nearly three releases a week, and most get little
attention" (Grissom, 2016). Texas topped the overturn convictions with 1/3 total wrongful
convictions in the United States. Post-conviction exonerations in Texas have hit the roof due to
the use of DNA testing as the basis for proving a person's innocence, along with innocence
clinics (Grissom, 2016). In spite of the cumulative exonerations, there are still tens of thousands
of falsely convicted individuals nationwide that remain incarcerated. In Texas alone, there are
still as many as thousands that remain incarcerated that are innocent.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
4
Problem Statement
Many reports have remained written on wrongfully convicted individuals, but
mainstream society is not aware of the ramifications that these people face upon release.
Purpose Statement
Thus, the objective of this study is to describe the impact of wrongful convictions at different
levels of those convicted, from years or incarceration, death row inmates, and lastly, the reasons
these individuals are convicted.
Literature Review
DNA, which is contraction used for deoxyribonucleic acid, is an intricate, personalized
molecule part of each of one's cells that categorize them as a being. DNA is used in criminal
cases to both implicate or to acquit individuals on trial for these cases. Since the development of
new technology and as it advances, research laboratories can use DNA from trace samples such
as skin, semen, blood, or hair to recognize with incredible precision the person accountable for
crimes. Nevertheless, the conservation of the evidence from the crime scene, watchfulness and
attention of our crime laboratories are tremendously significant to preserve the accurateness of
DNA testing. The long existence of wrongful convictions extends from things such as
disorganized crime laboratory procedures and the mismanagement of the forensic science,
government transgression, as well as corrupt lawyers, in the Texas criminal justice system today.
DNA testing is a scientific process that has both sentenced the guilty of appalling crimes
along with freeing the wrongly convicted of crimes not committed by them. Over the past 20
years or so, DNA testing has developed to the point that the criminal justice system has had to
conform and change with the time. With this scientific breakthrough in the past thirty years,
VICTIM IMPACT OF WRONGFUL CONVICTIONS
5
DNA testing has forced the criminal justice system to evolve and change. The use of DNA
testing in post-conviction exonerations will be vital to the criminal justice system in the future.
Before DNA testing was brought about, convictions were made from forensic laboratories being
defective or implying disorganized, testaments and eyewitnesses being untrustworthy, and many
from falsification of confessions. Since DNA has come into existence and is being used more
prevalently in court hearings, the judges and jurors are questioning the consistency of the
forensic evidence through the progression of criminal trials. Since DNA has created this
ambiguity, the death penalty has not occurred utilized as much as it did in the past, this is due in
part of forensic testing outcomes. Arising issues that come with the post-conviction DNA
liberations are new laws enacted, policies and procedures set forth by new personnel, that make
the decision on these matters.
Role of Social Support
The Innocence Project of Texas occurred instituted in 2005 by Jeff Blackburn, a criminal
defense attorney from Amarillo Texas. A non-profit legal organization that uses post-conviction
DNA testing to assist those inmates that remain wrongfully condemned of their innocence. The
Innocence Project has been a major part of the exonerations in Texas. Presently, over the last 11
years, they have exonerated six men and four women from the Texas Criminal Justice System
from being wrongfully convicted. Many of the people that work for the Innocence Project review
more than 150 letters every week of inmates claiming their innocents across Texas. As of right
now, they have more than 500 cases in line for reconsideration from those requesting the
assistance of the project. The Innocence Project utilizes many volunteers ranging from lawyers,
law students, investigators, paralegals, and anyone that wants to help with the improvement of
the Texas Criminal Justice System. Research conducted on wrongful convictions have
VICTIM IMPACT OF WRONGFUL CONVICTIONS
6
established that ten factors explain once indicated that an innocent victim is convicted instead of
released.
The following are the factors according to the Innocence Project of Texas: "Age
and criminal history of the defendant, punitiveness of the state, Brady violations, forensic
error, inadvertent misidentification, lying by a non-witness, weak prosecution and
defense case, family defense witness" (Risk Factors).
There are other sources of factors that play a role in false convictions to include "false
confessions, criminal justice official error, and race effects" (Risk Factors). These factors have
the likelihood of increasing the chance of a wrongful indictment along with an innocent person
ending up wrongfully convicted.
The Consequences of Wrongful Convictions
Wrongful conviction has implications that come with it, not only psychological but
physical. One of the most significant factors is the incarceration in general for an individual that
is an out of his norm and natural elements and put into a situation where they will be harassed
and depending on the crime can be labeled as a pedophile, yelled at with insults and even
threatened. There is the fear of violence and the violence that happens in prison that affects the
individuals that are wrongfully convicted. They have to live with this fear of not knowing if they
will make it out alive if found innocent or not.
One individual noted that the way he dealt with his wrongful conviction and the fear of
being incarcerates was duct tape national geographic magazines around his chest, and he wore
them under his clothes while in prison. Violence is nothing new in the prison system to the
wrongfully convicted, but it is a fact that they have to tolerate as innocent people.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
7
One particular difficulty that innocent individuals that have been wrongfully convicted
face while incarcerated are gaining privileges or even parole in that manner. The reason for this
is that these people would have to lie about committing the crime, taking ownership of it and
showing remorse for a crime that they never committed. In the criminal justice system, once
incarcerated the decision-making process and the show of remorse are relevant variables with the
parole process. For the innocence incarcerated, it’s hard to admit to something you didn't do and
or show remorse for that fact. When they do not show remorse or empathy, then these
individuals get caught up in misdiagnosis of psychopathy and antisocial personality disorder.
One wrongly convicted person indicated that "...The parole board takes this [protesting your
innocence] as if you deny the crime ... that you're not healed ... you're not fixed ... You have to
admit to the offense to fix your problems" (Leach & Ricciardelli, 2012).
The issue that the wrongfully convicted face while incarcerated and if they confess to a
crime they didn't do even just the one time, now makes it even harder for them to proclaim their
innocence and make people believe that they are innocent of the crime or crimes. In other
instances, if they uphold their integrity, then they tend to be disciplined more severely. Now
upon release from incarceration, a convicted criminal are afforded programs to help assist them
in the outside world, such as job placement programs, drug rehabilitation, even some get
temporary housing. Absurdly when an individual wrongfully convicted gets released, they are
not afforded the same programs like those that have offended. There should be more focus on
helping those wrongfully convicted with such programs. Often when someone becomes
exonerated of their crimes, they find out most of the time hours before release, this doesn't give
them time to arrange housing and or even transportation. Those that are innocent are released and
VICTIM IMPACT OF WRONGFUL CONVICTIONS
8
suffer more severe from post-conviction due to the policies that are in place for the criminal
justice system; they do not conform to the innocent upon release; it is for the actual offenders.
Issues Victims Faces After Exoneration
Exonerees have issues when released dealing with the time that they lost from
incarceration, as well as the family members and or loved ones that they lost due to their
incarceration. Many lose their "personal feelings and self-identity, have an anxiety disorder,
depression, and suicidal ideations, anger, grief" (Leach & Ricciardelli, 2012). Amongst the
obvious things that they encounter, they also struggle with the everyday living in society. For
most of the exonerees, the technological advances produce much anxiety among them from
ATM's, cell phones, computers, the internet, etc. Changes in the neighborhoods, aging of their
friends and families makes them look like they do not know who they are. All of these changes
that go on in their lives upon release makes it very overwhelming for them to deal with at times.
With the words wrongfully convicted not being a perceptible identifier, those that are
wrongfully convicted tend to feel vulnerable due to the circumstances of the case. They tend to
have some control on what they divulge about themselves and their wrongful conviction, but on
the other hand, them being an exoneree may be exposed without them having any idea.
Regardless of the situation many of them don't know if others know that they have been
wrongfully convicted, many believe that they only see that they are a convicted felon and that is
it. For example, "Sabrina Butler, wrongly convicted at age 19 of child abuse, was filling out the
paperwork to begin employment at a grocery store only to have her job terminated when an
assistant manager walked by and recognized her" (Leach & Ricciardelli, 2012). Just because
VICTIM IMPACT OF WRONGFUL CONVICTIONS
9
someone becomes exonerated of their crimes that wrongfully convicted them, doesn't mean they
are free, the effects of the conviction can have a lifelong impact on the innocence.
Many exonerated prisoners marvel as to what is next for them heading back to freedom.
Many have been omitted from the new world anywhere from 10-30 years or more. When People
hear the stories of wrongful convictions believe these sufferers of inequality deserve
compensation for the years that were squandered and detached from their family and friends. The
people think that an apology should be made publicly and privately to those individuals
wrongfully convicted to give that closure they need as well as to have their names cleared for the
public. Financial compensation will not erase the time spent behind bars nor will it entirely bring
resolve to these individuals lost years in prison. All of their lost years monetarily and personally
from the loss of their jobs, many have lost out on education, relationship struggles, health loss
both physically and mentally, and in the end, they branded a criminal; but it can bring some
relief for the wrongs done. The wrongly convicted should have the same liberties when released
as the real criminals do about receive assistance in job and education training, housing, and
vehicle support, deleting of records, and counseling.
Case Reviews
Southwest of Salem: The San Antonio Four:
In San Antonio, Texas “Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna
Vasquez convicted in the late 1990s of gang-raping two little girls who were Ramirez's nieces"
(Grinberg, 2016). During this time more and more people were coming out as being gay, the four
women identified and convicted of this crime were lesbian. Many believe that they allegations
were pursued so vigorously was due to their sexuality. The whole case came about when
VICTIM IMPACT OF WRONGFUL CONVICTIONS
10
Ramirez's nieces at that time were 7 and nine years old made allegations against the four women,
that when they were staying with their aunt, they were pinned down and sexually assaulted by all
them on two different accounts. There were many inconsistencies in the accounts as they
happened with the statements to police, the doctor that examined the girls as well as testimony
during a trial. They had different opinions on the weapon used along with where the incident had
taken place. The medical examiner's testimony stated that "the girls had vaginal injuries that
could only come from "painful trauma" caused by penetration with a foreign object" (Grinberg,
2016).
Ramirez being the so-called ringleader was tried first out of all the women. In 1997 she
was convicted of sexual assault of a child and indecency with a child, Ramirez sentenced to 37.5
years in prison. In 1998 the remaining three women were tried together, and all convicted of
aggravated sexual assault of a child two counts, and indecency with a child two counts. All three
of the women sentenced to 15 years in prison for the aggravated assault charges and for the
pornography they all received ten years. Several years after the women were convicted, one of
the victims now in her 20's, decided to come forward and try to the right the wrong that they did
by lying about the incident. She implicated members of her family coached her to make up the
story because of her sexuality. The girl's father was the main one that pressured the girls to lie
and make up the story to get leverage in the custody battle. Soon after the victim came forward
with her claim of being coerced into the lie, the medical examiner Kellogg recanted her
testimony based on new science, which insinuated that the girl's injuries were inaccurate
medically speaking. The innocence project of Texas took hold of the case and filed the post-
conviction relief to overturn the convictions of the women. After spending nearly 15 years in
VICTIM IMPACT OF WRONGFUL CONVICTIONS
11
prison for a crime they didn’t commit, the Texas criminal justice system released the woman and
freed them of all charges.
Vasquez was released first on parole, where she was having a difficulty of trying to get
her life back together outside of the prison walls. She was up and down about life and the fact
that she had to register as a sex offender, regardless of the overturned conviction. She felt guilty
about being free while the other women still incarcerated. They believed that if they cooperated
with the law, and when growing up understanding to always tell the truth, but in the end, it was
the fate of them. Eventually all four were released and exonerated from the charges, but still,
have issues with life. The one thing that benefits these women is that there was a documentary
made called Southwest of Salem that tells their story. Fascinating documentary to show you how
the system can wrongfully convict of erroneous information as well as how they can make up for
this wrong.
Irrevocable; Cameron Todd Willingham
It was the morning of December 23; a fire destroyed 1991 in Corsicana Texas at home
belonging to Cameron Todd Willingham and his family. His wife was out doing some Christmas
shopping, Todd Willingham survived, while his three girls ended up killed in the fire. The
following year Willingham was convicted of setting the fire and sentenced to death. Todd
Willingham's conviction stemmed from the arson investigators findings and a so-called jailhouse
informant named Johnny Webb, who proclaimed that Willingham confessed this to him in jail.
Willingham always proclaimed his innocence, even though he faced execution, he still refused to
plead guilty to the crime. Fire Chief Doug Fogg stated that there were more than a dozen debris
samples taken from around the house and tested for accelerants, and another one that tested
positive for lighter fluid that came from the front door. Fogg determined that it had to of been
VICTIM IMPACT OF WRONGFUL CONVICTIONS
12
started intentionally from the front door area. Vasquez who was the deputy fire marshal testified
that three points of origin existed in the house. There was no evidence showing that the fire was
set intentionally, the melted plastic container found on the front porch was lighter fluid
remanence and that the firefighters could have moved the fluid under the door with their fire
hose. They had four experts review the case, and all said that there were discrepancies in the fire
report and that Willingham's behavior even though damming, does not show that he set the fire.
No one knows how someone will respond to the loss of loved ones or even the fire for that fact.
Webb, the jailhouse informant, testified that when he was going past Willingham's cell,
he stated that he overheard Willingham confess to committing the crime, as to cover up child
abuse that had been committed by his spouse. There was never any signs or evidence of abuse on
the children at all. In 2000 Webb retracted his testimony, and not far after he then renounced his
repudiation, and in turn told a journalist that "it's very possible I misunderstood what Willingham
said" (Irrevocable, 2014). According to what Mr. Webb noted is that there was no promise of a
benefit for him to testify in court. All the while as Willingham's lawyers are working a
posthumous pardon; they found a note in Webb's file from the County prosecutor's office that
promised him a sentence reduction based on his cooperation to testify. On April 3rd his pardon
was deniedrd.
On February 17, 2004, as Willingham was strapped the gurney waiting for his execution
in the Texas Death Chamber they call it, Willingham once again tried to pronounce his
guiltlessness. Willingham states "I am an innocent man, convicted of a crime I did not commit,"
Willingham snapped. "I have been persecuted for 12 years for something I did not do" (Mills &
Possley, 2009). In 2004 Willingham was executed. Did the Texas criminal justice system kill an
innocent man?
VICTIM IMPACT OF WRONGFUL CONVICTIONS
13
Victim and Family impact
What kind of impact can this have on the victim's family in general? The family has to
live with the notion that the days leading to his execution, Willingham's attorneys sent reports to
Governor Rick Perry, from a very well-known arson expert, stating that "Willingham's
conviction came from erroneous forensic analysis" (Business Wire, 2012). The innocence project
showed that the officials received this report before his date of execution, but he has executed
anyways despite the report. The family has been trying to clear Willingham's name with a
posthumous pardon. They indicated that "It was Todd's last wish that we help to remove his
name. We owe that to Todd and to all the other people who might have been convicted based on
the same faulty evidence," (Business Wire, 2012). After Judge Baird conducted a hearing to
determine if the evidence presented would be enough to investigate the conviction and execution
of Willingham. The family has been suffering for years on his innocence and fighting to get him
exonerated posthumously, that when Baird earlier stated that "[g]given the compelling and
overwhelming evidence presented . . . It is clear that the State of Texas wrongfully executed
Cameron Todd Willingham" (Business Wire, 2012). The family was finally relieved that he
would become exonerated for the crimes.
Research Method and Design
Participants
Participants in this study will include wrongfully convicted personnel, families and other
the Innocence Project of Texas for the wrongfully convicted. The Innocence Project has six staff
members and employs numerous outside resources of volunteers, law students, detectives, along
VICTIM IMPACT OF WRONGFUL CONVICTIONS
14
with paralegals. These individuals will be surveyed and interviewed from all resources in the
study.
Survey
This study will involve the development of a survey instrument to examine the difference
in opinions on why people are wrongfully convicted, variables on victim's attitudes toward the
criminal justice system, and compensation as a just upon release. The instrument will include
items five dimensions. The survey dimensions will include demographics perceived support by
public defenders, perceptions of eyewitness testimony, perceived treatment of wrongfully
convicted people, personal experiences, and the importance of proper procedures in criminal
justice system in general.
Demographic questions will include age, gender, race, education, the length of time
incarcerated, and experience in the judiciary. The perceived support by public defenders; the
perceptions of eyewitness testimony; the perceived treatment of wrongfully convicted people;
along with personal experiences, come from the works revised from Clow, K. A., Leach, A., &
Ricciardelli, R. (2012), Sarat, A. (2009), Westervelt, S. D., & Cook, K. J. (2012), Cooper, S. L.
(2016). The survey will consist of statements such as should eyewitness testimony be sufficient
for a conviction, are public defenders capable of limiting wrongful convictions, do wrongfully
convicted people get treated differently in society. Besides, several variables will be constructed
to examine whether police investigations and reports in the justice system have an impact on
wrongful convictions.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
15
Procedure
Participants will be recruited from within the organizations during the hours of 12:00 pm, 1:00
pm. The sample will include personnel from their staff, the board of directors, detectives and
paralegals, as well as other civilians. Participants will be anonymous or voluntary. Once 12:00
comes, there will be an introduction asking for the participation in the survey about the
impressions and feelings of wrongful convictions and the justice system. The supervisor will be
contacted in advance about the introduction and request to participate, so we have the approval
and access to the building. The survey will take approximately 15-20 minutes to complete.
Interviews
This study will involve the development of an interview instrument to examine the difference in
opinions on why people are wrongfully convicted, variables on victim's attitudes toward the
criminal justice system, and compensation as a just upon release. The instrument will include
items five dimensions. The survey dimensions will include treatment while incarcerated, support
by public defenders, treatment of wrongfully convicted people, personal experiences, and the
importance of proper procedures in criminal justice system in general.
The support by public defenders, treatment while incarcerated, the treatment of
wrongfully convicted people, their personal experiences, will come from works revised from
Clow, K. A., Leach, A., & Ricciardelli, R. (2012), Sarat, A. (2009), Westervelt, S. D., & Cook,
K. J. (2012), Cooper, S. L. (2016). The survey will consist of the face-to-face interview about
your treatment while incarcerated as an innocent person, are public defenders capable of limiting
wrongful convictions, as a wrongfully convicted person how does society treat you. Also, several
VICTIM IMPACT OF WRONGFUL CONVICTIONS
16
variables will be constructed to examine is how does the impact affect the families of someone
convicted and executed for a crime they didn't commit.
Procedure
Participants will are recruited from a wide range of wrongfully convicted people, their
families, and staff from the innocence project during the hours of 8:00am-5:00 pm. Participants
will be voluntary. Upon arrival for the interview, an introduction to what the interview is about
will take place first. The meeting will discuss what the impact has been like for them being
convicted wrongfully, how it has affected their home life, and have they been able to cope with
the aftermath of conviction. The supervisor of those participants will be contacted in advance
about the introduction and request to participate in order to be excused from work during this
time. The interview will take approximately 30-45 minutes to complete on average.
Hypotheses and Research Questions
H1. Wrongfully convicted personnel expressing perceived negative impacts on them and
no impact on the criminal justice system
H2. Wrongfully convicted personnel showing perceived positive effects on them and the
criminal justice system having observed negative consequences of them
R1. How do the wrongfully convicted staff with perceived negative impacts cope with
their communities, judicial system, and other offenders?
R2. How to wrongfully convicted personnel with perceived positive impacts cope with
adverse impacts of the judiciary, the community, and other criminals?
VICTIM IMPACT OF WRONGFUL CONVICTIONS
17
Conclusion
The existence of wrongful convictions has been an emotional strain on the Texas criminal
justice system. It 's hard to believe that Texas being that it was its country once, and is very
adverse in the criminal justice aspect, that there would be so many wrongful convictions today.
Nevertheless, through the use of DNA testing, and the existence of such organizations like the
Innocence Project, the issues within the criminal justice system is gradually beginning to fix
what's broken. It takes the community and people to recognize what pain and suffering come to
those distributed this inequality, to hold those accountable for the wrongfully convicted and
show justice for the years of tyranny suffered under the Texas criminal justice system. This study
will examine victim impact of wrongful convictions and those exonerated since 1989. The study
will encompass how many victims were exonerated, factors that contribute to wrongful
convictions, exonerations founded on a pardon, acquittal, or discharge of charges, and the impact
that it has had on them and their families while incarcerates as well as upon release. Qualitative
and quantitative research from surveys as well as interviews with victims and the Innocence
Project.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
18
References
Cameron Todd Willingham's surviving relatives petition for posthumous pardon 20 years after
conviction. (2012, Oct 24). Business Wire Retrieved from
http://search.proquest.com.ezproxy2.apus.edu/docview/1114908221?accountid=8289
Clow, K. A., Leach, A., & Ricciardelli, R. (2012). Life after the wrongful conviction. In B. L.
Cutler (Ed.), Conviction of the Innocent: Lessons from Psychological Research; condemnation of
the innocent: Lessons from psychological research. (pp. 327-341, Chapter xiv, 370 Pages).
Washington: American Psychological Association, American Psychological Association,
Washington, DC. doi:http://dx.doi.org.ezproxy2.apus.edu/10.1037/13085-015
Cooper, S. L. (2016). Controversies in American Constitutional Law: Controversies in Innocence
Cases in America. Farnham, GB: Routledge. Retrieved from http://www.ebrary.com
Grinberg, E. (2016, Nov 24). 'San Antonio four' exonerated in child rape case. CNN Wire Service
Retrieved from
http://search.proquest.com.ezproxy2.apus.edu/docview/1842937536?accountid=8289
Cribb, C. (2012). An Insight into the Wrongly Convicted: Going beyond the Perceptions and
Beliefs of the Causes (Unpublished doctoral dissertation). Thesis / Dissertation ETD.
Grissom, B. (2016, February 03). 2015 exonerations set record; Texas, with 54, had over one-
third of total | Crime. Retrieved January 14, 2017, from
http://www.dallasnews.com/news/crime/2016/02/02/2015-exonerations-set-record-texas-with-
54-had-over-one-third-of-total
VICTIM IMPACT OF WRONGFUL CONVICTIONS
19
Irrevocable; Cameron Todd Willingham. (2014, Apr 26). The Economist, 411, 28. Retrieved
from http://search.proquest.com.ezproxy2.apus.edu/docview/1519297189?accountid=8289
National Research Council (US) Committee on DNA Technology in Forensic Science. (1992,
January 01). DNA Typing and Society. Retrieved January 08, 2017, from
https://www.ncbi.nlm.nih.gov/books/NBK234534/
Risk Factors. (n.d.). Retrieved January 08, 2017, from http://www.ipoftexas.org/wrongful-
convictions/risk-factors/
Sarat, A. (2009). The Charles Hamilton Houston Institute Series on Race and Justice: When Law
Fails: Making Sense of Miscarriages of Justice (1). New York, US: NYU Press. Retrieved from
http://www.ebrary.com
Steve Mills and Maurice Possley, Tribune, staff reporters. (2004, Dec 09). Texas man executed
on disproved forensics; a fire that killed his three children could have been accidental series:
FORENSICS UNDER THE MICROSCOPE. Questions about the accuracy of arson science
were highlighted in a recent Tribune investigative report, found at chicagotribune.com/forensics.
also online, review video evidence from the Willingham case. Chicago Tribune Retrieved from
http://search.proquest.com.ezproxy2.apus.edu/docview/420173504?accountid=8289
Westervelt, S. D., & Cook, K. J. (2012). Critical Issues in Crime and Society: Life after Death
Row: Exonerees' Search for Community and Identity. New Brunswick, US: Rutgers University
Press. Retrieved from http://www.ebrary.com
VICTIM IMPACT OF WRONGFUL CONVICTIONS
20
Yamato, J. (2016, Apr 19). Inside the next 'making a murderer': Satanic panic, homophobia, and
the San Antonio four. The Daily Beast Retrieved from
http://search.proquest.com.ezproxy2.apus.edu/docview/1787528975?accountid=8289
VICTIM IMPACT OF WRONGFUL CONVICTIONS
21
APPENDIX A
ONLINE SURVEY CONSENT FORM
Title of ResearchStudy: {insert title of study}
Researcher's Contact Information: Name, Telephone, and Email {students may use faculty
advisor's contact information if desired}
Introduction
You are being invited to take part in a research study conducted by a {insert name of PI} of
Kennesaw State University. Before you decide to participate in this study, you should read this
form and ask questions about anything that you do not understand.
Description of Project
The purpose of the study is {briefly describe the nature of the study and the purpose of the
research in layman's language}.
Explanation of Procedures
{Briefly describe what participant is being asked to do.}
Time Required
{How long will it take to complete each assigned task?}
Risks or Discomforts
{Explain any risks or discomforts - including psychological distress - that might reasonably be
expected to happen, and list steps to be taken if harm should come to the participants, including
any availability of medical treatment if needed. If there are no known risks or anticipated
discomforts in this study, then state so.}
Benefits
{Briefly describe benefits. If there are no direct benefits to the subject, include language stating
that although there will be no direct benefits to you for taking part in the study, the researcher
may learn more about (insert description). Also, if benefits cannot be guaranteed, ensure
language reflects such.}
VICTIM IMPACT OF WRONGFUL CONVICTIONS
22
Compensation (if applicable)
{Describe any payment or credit that participants may receive for taking part in the study.
Include an explanation of alternatives to participation when participation is for classroom credit.}
Confidentiality
The results of this participation will be {select anonymous, OR if the identifiable information
will be collected, select confidentially – but NOT BOTH. Describe how you will maintain the
confidentiality of the subject, detailing how you will safeguard received data to ensure
anonymity or privacy as noted in Question 7 of the IRB Approval Request form.}
Inclusion Criteria for Participation
You must be 18 years of age or older to participate in this study. {See instruction note under
Question 6 of the IRB Approval Request form.}
Use of Online Survey
{Indicate whether IP addresses will or will not be collected. See instruction notes under
Question 5 of the IRB Approval Request form regarding inclusion of IP address and participation
agreement statements.}
Research at Kennesaw State University that involves human participants is carried out under the
oversight of an Institutional Review Board. Questions or problems regarding these activities
should be addressed to the Institutional Review Board, Kennesaw State University, 585 Cobb
Avenue, KH3403, Kennesaw, GA 30144-5591, (470) 578-2268.
PLEASE PRINT A COPY OF THIS CONSENT DOCUMENT FOR YOUR RECORDS, OR IF
YOU DO NOT HAVE PRINT CAPABILITIES, YOU MAY CONTACT THE RESEARCHER
TO OBTAIN A COPY
☐ I agree and give my consent to participate in this research project. I understand that
participation is voluntary and that I may withdraw my consent at any time without penalty.
☐ I do not agree to participate and will be excluded from the remainder of the questions.
VICTIM IMPACT OF WRONGFUL CONVICTIONS
23
APPENDIX B
Insight into the Wrongly Convicted Study Cover letter
Dear Participant: Date:
Wrongful convictions have plagued the criminal justice system in the Texas for decades,
robbing innocent people of their freedom. The research on wrongful convictions started in the
early 30’s, to identify the causes associated with wrongful convictions. This study will look at
the number of wrongful convictions exonerated, the factors contributing to
Wrongful convictions, the most common offense related to wrongful convictions. This study will
examine the causes of wrongful convictions discovered through exoneration proceedings. This
study will also consider the victim impact of wrongful convictions as well as the impact on
families of those executed wrongfully. Although there will be no direct benefit to you for taking
part in this study, the researcher may learn more about the causes associated with wrongful
convictions.
You will be asked to answer questions on the causes of wrongful convictions discovered by you
or your organization during exoneration proceedings. It's expected to take no longer than 45
minutes to complete the interview. Discussion participation cards will be mailed two days in
advance of the meeting. Please be assured that your participation in this study will be strictly
confidential and that your name won't be used in describing the findings of the research. You can
refuse to answer any questions, or withdraw at any time without penalty. You must be 18 of age
or older to participate in this study.
If you have any concerns or questions about this study, please feel free to contact me. If you
would like to have a copy of the survey results, please let me know so that I can forward you a
copy of the report when I complete the proposal.
Please accept my sincere appreciation for participating in this study.
Sincerely,
The purpose of this research has been defined, and my participation is voluntary. I have the right
to stop participation at any time without penalty. I understand that the research has no
known risks, and I will not be identified. By completing this survey, I agree to participate
in this research project.
THIS PAGE MAY BE REMOVED AND KEPT BY EACH PARTICIPANT
Research at Kennesaw State University that involves human participants is carried out under the
oversight of an Institutional Review Board. Questions or problems regarding these activities
should be addressed to the Institutional Review Board, Kennesaw State University, 1000
Chastain Road, #0112, Kennesaw, GA 30144-5591, (678) 797-2268
VICTIM IMPACT OF WRONGFUL CONVICTIONS
24
APPENDIX C
Wrongful Conviction Interview Questions
The face to face meetings will consist of the following issues:
General Questions
1) How do you receive cases for review, and what criteria has been set to determine if a
case? Will be represented by your office/organization?
2) What do you think the biggest challenges your office/organization faces in handling
exoneration cases?
Specific Questions
3) What factors have contributed to the wrongful conviction cases that have been
completed?
4) How has the enactment of the Innocence Protection Act of 2004 helped you?
Office/organization in the exoneration proceedings?
5) What would policies or legislation you like to see changed or enacted?
6) What has been the hardest thing for you to overcome after being exonerated?
7) Has there been any compensation from the justice system for your wrongful conviction?

Research proposal final copy

  • 1.
    Running Head: VICTIMIMPACT OF WRONGFUL CONVICTIONS 1 Victim Impact of Wrongful Convictions in the Texas Criminal Justice System Charles Coon American Public University System 2017
  • 2.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 2 Abstract Envision what the life of an inmate must be like behind bars. The cell doors along with the shackled ankles having the continual clanging, the initial remarks by fellow prisoners and constant loud shouting that reverberates down slender concrete vestibules, and the desolate six by an eight-foot cold box that echoes blaring reminders in the night to those punished for the crimes that they have committed. There have been many reports written on wrongfully convicted individuals, but mainstream society is not aware of the ramifications that these people face upon release. Present day visualizes, one of these people living this life of culpability and castigation is justly an innocent person, held incarcerated for the crimes they didn't commit and released to a society that you no longer know. This study will examine the number of wrongful convictions and those exonerated since 1989 to 2015 in the state of Texas. Two hundred and forty-one people have been exonerated and in 2015 fifty-four were exonerated in Texas alone. Exoneration cases were observed to obtain the issues that contributed to wrongful convictions, the most mutual offenses correlated to wrongful convictions, the consequence of the pardon based on the discharge of charges, acquittal, or pardons. Interviews reconstructed attain exoneration case portrayal criteria, tests confronted in handling releases, and the influences found that played a part in wrongful conviction cases. The influences that donated to wrongful convictions were erroneous witness identification, false admission, falsehood or false accusation, false or deceptive forensic evidence, official delinquency, and insufficient legal defense. This study will also let us understand the impact of wrongful convictions on victims, families, and relatives of the victims executed. There will be particular interest in what causes these wrongful convictions, victim testimonies, and how the wrongful convictions can have a positive and adverse impact on the victims as well as the Texas criminal justice system.
  • 3.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 3 The existence of wrongful convictions in the United States has grown to significant proportions over the last several years, regardless of modern technology and a newly developed criminal justice. Even though with the technology of DNA being used in recent years to exonerate those individuals falsely accused. The criminal justice system as modern as it needs to uphold firmer guidelines, procedures, and actions to begin to eliminate wrongful convictions in the Texas justice system and limit the impact on the victims of these sentences. Texas has been the leading state of exonerations from wrongful convictions in the United States Since 1989, there have been 1730 men and women exonerated in the United States, 241 of these were from Texas alone. In 2015, 149 males and females had occurred vindicated for crimes that were not committed by them spent an average of 14 ½ years behind bars. According to the National Registry of Exonerations annual report last year alone, fifty-four inmates from Texas were exonerated. The National Registry of Exonerations noted that "Exonerations are now common," the report stated. "We average nearly three releases a week, and most get little attention" (Grissom, 2016). Texas topped the overturn convictions with 1/3 total wrongful convictions in the United States. Post-conviction exonerations in Texas have hit the roof due to the use of DNA testing as the basis for proving a person's innocence, along with innocence clinics (Grissom, 2016). In spite of the cumulative exonerations, there are still tens of thousands of falsely convicted individuals nationwide that remain incarcerated. In Texas alone, there are still as many as thousands that remain incarcerated that are innocent.
  • 4.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 4 Problem Statement Many reports have remained written on wrongfully convicted individuals, but mainstream society is not aware of the ramifications that these people face upon release. Purpose Statement Thus, the objective of this study is to describe the impact of wrongful convictions at different levels of those convicted, from years or incarceration, death row inmates, and lastly, the reasons these individuals are convicted. Literature Review DNA, which is contraction used for deoxyribonucleic acid, is an intricate, personalized molecule part of each of one's cells that categorize them as a being. DNA is used in criminal cases to both implicate or to acquit individuals on trial for these cases. Since the development of new technology and as it advances, research laboratories can use DNA from trace samples such as skin, semen, blood, or hair to recognize with incredible precision the person accountable for crimes. Nevertheless, the conservation of the evidence from the crime scene, watchfulness and attention of our crime laboratories are tremendously significant to preserve the accurateness of DNA testing. The long existence of wrongful convictions extends from things such as disorganized crime laboratory procedures and the mismanagement of the forensic science, government transgression, as well as corrupt lawyers, in the Texas criminal justice system today. DNA testing is a scientific process that has both sentenced the guilty of appalling crimes along with freeing the wrongly convicted of crimes not committed by them. Over the past 20 years or so, DNA testing has developed to the point that the criminal justice system has had to conform and change with the time. With this scientific breakthrough in the past thirty years,
  • 5.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 5 DNA testing has forced the criminal justice system to evolve and change. The use of DNA testing in post-conviction exonerations will be vital to the criminal justice system in the future. Before DNA testing was brought about, convictions were made from forensic laboratories being defective or implying disorganized, testaments and eyewitnesses being untrustworthy, and many from falsification of confessions. Since DNA has come into existence and is being used more prevalently in court hearings, the judges and jurors are questioning the consistency of the forensic evidence through the progression of criminal trials. Since DNA has created this ambiguity, the death penalty has not occurred utilized as much as it did in the past, this is due in part of forensic testing outcomes. Arising issues that come with the post-conviction DNA liberations are new laws enacted, policies and procedures set forth by new personnel, that make the decision on these matters. Role of Social Support The Innocence Project of Texas occurred instituted in 2005 by Jeff Blackburn, a criminal defense attorney from Amarillo Texas. A non-profit legal organization that uses post-conviction DNA testing to assist those inmates that remain wrongfully condemned of their innocence. The Innocence Project has been a major part of the exonerations in Texas. Presently, over the last 11 years, they have exonerated six men and four women from the Texas Criminal Justice System from being wrongfully convicted. Many of the people that work for the Innocence Project review more than 150 letters every week of inmates claiming their innocents across Texas. As of right now, they have more than 500 cases in line for reconsideration from those requesting the assistance of the project. The Innocence Project utilizes many volunteers ranging from lawyers, law students, investigators, paralegals, and anyone that wants to help with the improvement of the Texas Criminal Justice System. Research conducted on wrongful convictions have
  • 6.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 6 established that ten factors explain once indicated that an innocent victim is convicted instead of released. The following are the factors according to the Innocence Project of Texas: "Age and criminal history of the defendant, punitiveness of the state, Brady violations, forensic error, inadvertent misidentification, lying by a non-witness, weak prosecution and defense case, family defense witness" (Risk Factors). There are other sources of factors that play a role in false convictions to include "false confessions, criminal justice official error, and race effects" (Risk Factors). These factors have the likelihood of increasing the chance of a wrongful indictment along with an innocent person ending up wrongfully convicted. The Consequences of Wrongful Convictions Wrongful conviction has implications that come with it, not only psychological but physical. One of the most significant factors is the incarceration in general for an individual that is an out of his norm and natural elements and put into a situation where they will be harassed and depending on the crime can be labeled as a pedophile, yelled at with insults and even threatened. There is the fear of violence and the violence that happens in prison that affects the individuals that are wrongfully convicted. They have to live with this fear of not knowing if they will make it out alive if found innocent or not. One individual noted that the way he dealt with his wrongful conviction and the fear of being incarcerates was duct tape national geographic magazines around his chest, and he wore them under his clothes while in prison. Violence is nothing new in the prison system to the wrongfully convicted, but it is a fact that they have to tolerate as innocent people.
  • 7.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 7 One particular difficulty that innocent individuals that have been wrongfully convicted face while incarcerated are gaining privileges or even parole in that manner. The reason for this is that these people would have to lie about committing the crime, taking ownership of it and showing remorse for a crime that they never committed. In the criminal justice system, once incarcerated the decision-making process and the show of remorse are relevant variables with the parole process. For the innocence incarcerated, it’s hard to admit to something you didn't do and or show remorse for that fact. When they do not show remorse or empathy, then these individuals get caught up in misdiagnosis of psychopathy and antisocial personality disorder. One wrongly convicted person indicated that "...The parole board takes this [protesting your innocence] as if you deny the crime ... that you're not healed ... you're not fixed ... You have to admit to the offense to fix your problems" (Leach & Ricciardelli, 2012). The issue that the wrongfully convicted face while incarcerated and if they confess to a crime they didn't do even just the one time, now makes it even harder for them to proclaim their innocence and make people believe that they are innocent of the crime or crimes. In other instances, if they uphold their integrity, then they tend to be disciplined more severely. Now upon release from incarceration, a convicted criminal are afforded programs to help assist them in the outside world, such as job placement programs, drug rehabilitation, even some get temporary housing. Absurdly when an individual wrongfully convicted gets released, they are not afforded the same programs like those that have offended. There should be more focus on helping those wrongfully convicted with such programs. Often when someone becomes exonerated of their crimes, they find out most of the time hours before release, this doesn't give them time to arrange housing and or even transportation. Those that are innocent are released and
  • 8.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 8 suffer more severe from post-conviction due to the policies that are in place for the criminal justice system; they do not conform to the innocent upon release; it is for the actual offenders. Issues Victims Faces After Exoneration Exonerees have issues when released dealing with the time that they lost from incarceration, as well as the family members and or loved ones that they lost due to their incarceration. Many lose their "personal feelings and self-identity, have an anxiety disorder, depression, and suicidal ideations, anger, grief" (Leach & Ricciardelli, 2012). Amongst the obvious things that they encounter, they also struggle with the everyday living in society. For most of the exonerees, the technological advances produce much anxiety among them from ATM's, cell phones, computers, the internet, etc. Changes in the neighborhoods, aging of their friends and families makes them look like they do not know who they are. All of these changes that go on in their lives upon release makes it very overwhelming for them to deal with at times. With the words wrongfully convicted not being a perceptible identifier, those that are wrongfully convicted tend to feel vulnerable due to the circumstances of the case. They tend to have some control on what they divulge about themselves and their wrongful conviction, but on the other hand, them being an exoneree may be exposed without them having any idea. Regardless of the situation many of them don't know if others know that they have been wrongfully convicted, many believe that they only see that they are a convicted felon and that is it. For example, "Sabrina Butler, wrongly convicted at age 19 of child abuse, was filling out the paperwork to begin employment at a grocery store only to have her job terminated when an assistant manager walked by and recognized her" (Leach & Ricciardelli, 2012). Just because
  • 9.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 9 someone becomes exonerated of their crimes that wrongfully convicted them, doesn't mean they are free, the effects of the conviction can have a lifelong impact on the innocence. Many exonerated prisoners marvel as to what is next for them heading back to freedom. Many have been omitted from the new world anywhere from 10-30 years or more. When People hear the stories of wrongful convictions believe these sufferers of inequality deserve compensation for the years that were squandered and detached from their family and friends. The people think that an apology should be made publicly and privately to those individuals wrongfully convicted to give that closure they need as well as to have their names cleared for the public. Financial compensation will not erase the time spent behind bars nor will it entirely bring resolve to these individuals lost years in prison. All of their lost years monetarily and personally from the loss of their jobs, many have lost out on education, relationship struggles, health loss both physically and mentally, and in the end, they branded a criminal; but it can bring some relief for the wrongs done. The wrongly convicted should have the same liberties when released as the real criminals do about receive assistance in job and education training, housing, and vehicle support, deleting of records, and counseling. Case Reviews Southwest of Salem: The San Antonio Four: In San Antonio, Texas “Elizabeth Ramirez, Kristie Mayhugh, Cassandra Rivera and Anna Vasquez convicted in the late 1990s of gang-raping two little girls who were Ramirez's nieces" (Grinberg, 2016). During this time more and more people were coming out as being gay, the four women identified and convicted of this crime were lesbian. Many believe that they allegations were pursued so vigorously was due to their sexuality. The whole case came about when
  • 10.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 10 Ramirez's nieces at that time were 7 and nine years old made allegations against the four women, that when they were staying with their aunt, they were pinned down and sexually assaulted by all them on two different accounts. There were many inconsistencies in the accounts as they happened with the statements to police, the doctor that examined the girls as well as testimony during a trial. They had different opinions on the weapon used along with where the incident had taken place. The medical examiner's testimony stated that "the girls had vaginal injuries that could only come from "painful trauma" caused by penetration with a foreign object" (Grinberg, 2016). Ramirez being the so-called ringleader was tried first out of all the women. In 1997 she was convicted of sexual assault of a child and indecency with a child, Ramirez sentenced to 37.5 years in prison. In 1998 the remaining three women were tried together, and all convicted of aggravated sexual assault of a child two counts, and indecency with a child two counts. All three of the women sentenced to 15 years in prison for the aggravated assault charges and for the pornography they all received ten years. Several years after the women were convicted, one of the victims now in her 20's, decided to come forward and try to the right the wrong that they did by lying about the incident. She implicated members of her family coached her to make up the story because of her sexuality. The girl's father was the main one that pressured the girls to lie and make up the story to get leverage in the custody battle. Soon after the victim came forward with her claim of being coerced into the lie, the medical examiner Kellogg recanted her testimony based on new science, which insinuated that the girl's injuries were inaccurate medically speaking. The innocence project of Texas took hold of the case and filed the post- conviction relief to overturn the convictions of the women. After spending nearly 15 years in
  • 11.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 11 prison for a crime they didn’t commit, the Texas criminal justice system released the woman and freed them of all charges. Vasquez was released first on parole, where she was having a difficulty of trying to get her life back together outside of the prison walls. She was up and down about life and the fact that she had to register as a sex offender, regardless of the overturned conviction. She felt guilty about being free while the other women still incarcerated. They believed that if they cooperated with the law, and when growing up understanding to always tell the truth, but in the end, it was the fate of them. Eventually all four were released and exonerated from the charges, but still, have issues with life. The one thing that benefits these women is that there was a documentary made called Southwest of Salem that tells their story. Fascinating documentary to show you how the system can wrongfully convict of erroneous information as well as how they can make up for this wrong. Irrevocable; Cameron Todd Willingham It was the morning of December 23; a fire destroyed 1991 in Corsicana Texas at home belonging to Cameron Todd Willingham and his family. His wife was out doing some Christmas shopping, Todd Willingham survived, while his three girls ended up killed in the fire. The following year Willingham was convicted of setting the fire and sentenced to death. Todd Willingham's conviction stemmed from the arson investigators findings and a so-called jailhouse informant named Johnny Webb, who proclaimed that Willingham confessed this to him in jail. Willingham always proclaimed his innocence, even though he faced execution, he still refused to plead guilty to the crime. Fire Chief Doug Fogg stated that there were more than a dozen debris samples taken from around the house and tested for accelerants, and another one that tested positive for lighter fluid that came from the front door. Fogg determined that it had to of been
  • 12.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 12 started intentionally from the front door area. Vasquez who was the deputy fire marshal testified that three points of origin existed in the house. There was no evidence showing that the fire was set intentionally, the melted plastic container found on the front porch was lighter fluid remanence and that the firefighters could have moved the fluid under the door with their fire hose. They had four experts review the case, and all said that there were discrepancies in the fire report and that Willingham's behavior even though damming, does not show that he set the fire. No one knows how someone will respond to the loss of loved ones or even the fire for that fact. Webb, the jailhouse informant, testified that when he was going past Willingham's cell, he stated that he overheard Willingham confess to committing the crime, as to cover up child abuse that had been committed by his spouse. There was never any signs or evidence of abuse on the children at all. In 2000 Webb retracted his testimony, and not far after he then renounced his repudiation, and in turn told a journalist that "it's very possible I misunderstood what Willingham said" (Irrevocable, 2014). According to what Mr. Webb noted is that there was no promise of a benefit for him to testify in court. All the while as Willingham's lawyers are working a posthumous pardon; they found a note in Webb's file from the County prosecutor's office that promised him a sentence reduction based on his cooperation to testify. On April 3rd his pardon was deniedrd. On February 17, 2004, as Willingham was strapped the gurney waiting for his execution in the Texas Death Chamber they call it, Willingham once again tried to pronounce his guiltlessness. Willingham states "I am an innocent man, convicted of a crime I did not commit," Willingham snapped. "I have been persecuted for 12 years for something I did not do" (Mills & Possley, 2009). In 2004 Willingham was executed. Did the Texas criminal justice system kill an innocent man?
  • 13.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 13 Victim and Family impact What kind of impact can this have on the victim's family in general? The family has to live with the notion that the days leading to his execution, Willingham's attorneys sent reports to Governor Rick Perry, from a very well-known arson expert, stating that "Willingham's conviction came from erroneous forensic analysis" (Business Wire, 2012). The innocence project showed that the officials received this report before his date of execution, but he has executed anyways despite the report. The family has been trying to clear Willingham's name with a posthumous pardon. They indicated that "It was Todd's last wish that we help to remove his name. We owe that to Todd and to all the other people who might have been convicted based on the same faulty evidence," (Business Wire, 2012). After Judge Baird conducted a hearing to determine if the evidence presented would be enough to investigate the conviction and execution of Willingham. The family has been suffering for years on his innocence and fighting to get him exonerated posthumously, that when Baird earlier stated that "[g]given the compelling and overwhelming evidence presented . . . It is clear that the State of Texas wrongfully executed Cameron Todd Willingham" (Business Wire, 2012). The family was finally relieved that he would become exonerated for the crimes. Research Method and Design Participants Participants in this study will include wrongfully convicted personnel, families and other the Innocence Project of Texas for the wrongfully convicted. The Innocence Project has six staff members and employs numerous outside resources of volunteers, law students, detectives, along
  • 14.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 14 with paralegals. These individuals will be surveyed and interviewed from all resources in the study. Survey This study will involve the development of a survey instrument to examine the difference in opinions on why people are wrongfully convicted, variables on victim's attitudes toward the criminal justice system, and compensation as a just upon release. The instrument will include items five dimensions. The survey dimensions will include demographics perceived support by public defenders, perceptions of eyewitness testimony, perceived treatment of wrongfully convicted people, personal experiences, and the importance of proper procedures in criminal justice system in general. Demographic questions will include age, gender, race, education, the length of time incarcerated, and experience in the judiciary. The perceived support by public defenders; the perceptions of eyewitness testimony; the perceived treatment of wrongfully convicted people; along with personal experiences, come from the works revised from Clow, K. A., Leach, A., & Ricciardelli, R. (2012), Sarat, A. (2009), Westervelt, S. D., & Cook, K. J. (2012), Cooper, S. L. (2016). The survey will consist of statements such as should eyewitness testimony be sufficient for a conviction, are public defenders capable of limiting wrongful convictions, do wrongfully convicted people get treated differently in society. Besides, several variables will be constructed to examine whether police investigations and reports in the justice system have an impact on wrongful convictions.
  • 15.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 15 Procedure Participants will be recruited from within the organizations during the hours of 12:00 pm, 1:00 pm. The sample will include personnel from their staff, the board of directors, detectives and paralegals, as well as other civilians. Participants will be anonymous or voluntary. Once 12:00 comes, there will be an introduction asking for the participation in the survey about the impressions and feelings of wrongful convictions and the justice system. The supervisor will be contacted in advance about the introduction and request to participate, so we have the approval and access to the building. The survey will take approximately 15-20 minutes to complete. Interviews This study will involve the development of an interview instrument to examine the difference in opinions on why people are wrongfully convicted, variables on victim's attitudes toward the criminal justice system, and compensation as a just upon release. The instrument will include items five dimensions. The survey dimensions will include treatment while incarcerated, support by public defenders, treatment of wrongfully convicted people, personal experiences, and the importance of proper procedures in criminal justice system in general. The support by public defenders, treatment while incarcerated, the treatment of wrongfully convicted people, their personal experiences, will come from works revised from Clow, K. A., Leach, A., & Ricciardelli, R. (2012), Sarat, A. (2009), Westervelt, S. D., & Cook, K. J. (2012), Cooper, S. L. (2016). The survey will consist of the face-to-face interview about your treatment while incarcerated as an innocent person, are public defenders capable of limiting wrongful convictions, as a wrongfully convicted person how does society treat you. Also, several
  • 16.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 16 variables will be constructed to examine is how does the impact affect the families of someone convicted and executed for a crime they didn't commit. Procedure Participants will are recruited from a wide range of wrongfully convicted people, their families, and staff from the innocence project during the hours of 8:00am-5:00 pm. Participants will be voluntary. Upon arrival for the interview, an introduction to what the interview is about will take place first. The meeting will discuss what the impact has been like for them being convicted wrongfully, how it has affected their home life, and have they been able to cope with the aftermath of conviction. The supervisor of those participants will be contacted in advance about the introduction and request to participate in order to be excused from work during this time. The interview will take approximately 30-45 minutes to complete on average. Hypotheses and Research Questions H1. Wrongfully convicted personnel expressing perceived negative impacts on them and no impact on the criminal justice system H2. Wrongfully convicted personnel showing perceived positive effects on them and the criminal justice system having observed negative consequences of them R1. How do the wrongfully convicted staff with perceived negative impacts cope with their communities, judicial system, and other offenders? R2. How to wrongfully convicted personnel with perceived positive impacts cope with adverse impacts of the judiciary, the community, and other criminals?
  • 17.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 17 Conclusion The existence of wrongful convictions has been an emotional strain on the Texas criminal justice system. It 's hard to believe that Texas being that it was its country once, and is very adverse in the criminal justice aspect, that there would be so many wrongful convictions today. Nevertheless, through the use of DNA testing, and the existence of such organizations like the Innocence Project, the issues within the criminal justice system is gradually beginning to fix what's broken. It takes the community and people to recognize what pain and suffering come to those distributed this inequality, to hold those accountable for the wrongfully convicted and show justice for the years of tyranny suffered under the Texas criminal justice system. This study will examine victim impact of wrongful convictions and those exonerated since 1989. The study will encompass how many victims were exonerated, factors that contribute to wrongful convictions, exonerations founded on a pardon, acquittal, or discharge of charges, and the impact that it has had on them and their families while incarcerates as well as upon release. Qualitative and quantitative research from surveys as well as interviews with victims and the Innocence Project.
  • 18.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 18 References Cameron Todd Willingham's surviving relatives petition for posthumous pardon 20 years after conviction. (2012, Oct 24). Business Wire Retrieved from http://search.proquest.com.ezproxy2.apus.edu/docview/1114908221?accountid=8289 Clow, K. A., Leach, A., & Ricciardelli, R. (2012). Life after the wrongful conviction. In B. L. Cutler (Ed.), Conviction of the Innocent: Lessons from Psychological Research; condemnation of the innocent: Lessons from psychological research. (pp. 327-341, Chapter xiv, 370 Pages). Washington: American Psychological Association, American Psychological Association, Washington, DC. doi:http://dx.doi.org.ezproxy2.apus.edu/10.1037/13085-015 Cooper, S. L. (2016). Controversies in American Constitutional Law: Controversies in Innocence Cases in America. Farnham, GB: Routledge. Retrieved from http://www.ebrary.com Grinberg, E. (2016, Nov 24). 'San Antonio four' exonerated in child rape case. CNN Wire Service Retrieved from http://search.proquest.com.ezproxy2.apus.edu/docview/1842937536?accountid=8289 Cribb, C. (2012). An Insight into the Wrongly Convicted: Going beyond the Perceptions and Beliefs of the Causes (Unpublished doctoral dissertation). Thesis / Dissertation ETD. Grissom, B. (2016, February 03). 2015 exonerations set record; Texas, with 54, had over one- third of total | Crime. Retrieved January 14, 2017, from http://www.dallasnews.com/news/crime/2016/02/02/2015-exonerations-set-record-texas-with- 54-had-over-one-third-of-total
  • 19.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 19 Irrevocable; Cameron Todd Willingham. (2014, Apr 26). The Economist, 411, 28. Retrieved from http://search.proquest.com.ezproxy2.apus.edu/docview/1519297189?accountid=8289 National Research Council (US) Committee on DNA Technology in Forensic Science. (1992, January 01). DNA Typing and Society. Retrieved January 08, 2017, from https://www.ncbi.nlm.nih.gov/books/NBK234534/ Risk Factors. (n.d.). Retrieved January 08, 2017, from http://www.ipoftexas.org/wrongful- convictions/risk-factors/ Sarat, A. (2009). The Charles Hamilton Houston Institute Series on Race and Justice: When Law Fails: Making Sense of Miscarriages of Justice (1). New York, US: NYU Press. Retrieved from http://www.ebrary.com Steve Mills and Maurice Possley, Tribune, staff reporters. (2004, Dec 09). Texas man executed on disproved forensics; a fire that killed his three children could have been accidental series: FORENSICS UNDER THE MICROSCOPE. Questions about the accuracy of arson science were highlighted in a recent Tribune investigative report, found at chicagotribune.com/forensics. also online, review video evidence from the Willingham case. Chicago Tribune Retrieved from http://search.proquest.com.ezproxy2.apus.edu/docview/420173504?accountid=8289 Westervelt, S. D., & Cook, K. J. (2012). Critical Issues in Crime and Society: Life after Death Row: Exonerees' Search for Community and Identity. New Brunswick, US: Rutgers University Press. Retrieved from http://www.ebrary.com
  • 20.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 20 Yamato, J. (2016, Apr 19). Inside the next 'making a murderer': Satanic panic, homophobia, and the San Antonio four. The Daily Beast Retrieved from http://search.proquest.com.ezproxy2.apus.edu/docview/1787528975?accountid=8289
  • 21.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 21 APPENDIX A ONLINE SURVEY CONSENT FORM Title of ResearchStudy: {insert title of study} Researcher's Contact Information: Name, Telephone, and Email {students may use faculty advisor's contact information if desired} Introduction You are being invited to take part in a research study conducted by a {insert name of PI} of Kennesaw State University. Before you decide to participate in this study, you should read this form and ask questions about anything that you do not understand. Description of Project The purpose of the study is {briefly describe the nature of the study and the purpose of the research in layman's language}. Explanation of Procedures {Briefly describe what participant is being asked to do.} Time Required {How long will it take to complete each assigned task?} Risks or Discomforts {Explain any risks or discomforts - including psychological distress - that might reasonably be expected to happen, and list steps to be taken if harm should come to the participants, including any availability of medical treatment if needed. If there are no known risks or anticipated discomforts in this study, then state so.} Benefits {Briefly describe benefits. If there are no direct benefits to the subject, include language stating that although there will be no direct benefits to you for taking part in the study, the researcher may learn more about (insert description). Also, if benefits cannot be guaranteed, ensure language reflects such.}
  • 22.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 22 Compensation (if applicable) {Describe any payment or credit that participants may receive for taking part in the study. Include an explanation of alternatives to participation when participation is for classroom credit.} Confidentiality The results of this participation will be {select anonymous, OR if the identifiable information will be collected, select confidentially – but NOT BOTH. Describe how you will maintain the confidentiality of the subject, detailing how you will safeguard received data to ensure anonymity or privacy as noted in Question 7 of the IRB Approval Request form.} Inclusion Criteria for Participation You must be 18 years of age or older to participate in this study. {See instruction note under Question 6 of the IRB Approval Request form.} Use of Online Survey {Indicate whether IP addresses will or will not be collected. See instruction notes under Question 5 of the IRB Approval Request form regarding inclusion of IP address and participation agreement statements.} Research at Kennesaw State University that involves human participants is carried out under the oversight of an Institutional Review Board. Questions or problems regarding these activities should be addressed to the Institutional Review Board, Kennesaw State University, 585 Cobb Avenue, KH3403, Kennesaw, GA 30144-5591, (470) 578-2268. PLEASE PRINT A COPY OF THIS CONSENT DOCUMENT FOR YOUR RECORDS, OR IF YOU DO NOT HAVE PRINT CAPABILITIES, YOU MAY CONTACT THE RESEARCHER TO OBTAIN A COPY ☐ I agree and give my consent to participate in this research project. I understand that participation is voluntary and that I may withdraw my consent at any time without penalty. ☐ I do not agree to participate and will be excluded from the remainder of the questions.
  • 23.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 23 APPENDIX B Insight into the Wrongly Convicted Study Cover letter Dear Participant: Date: Wrongful convictions have plagued the criminal justice system in the Texas for decades, robbing innocent people of their freedom. The research on wrongful convictions started in the early 30’s, to identify the causes associated with wrongful convictions. This study will look at the number of wrongful convictions exonerated, the factors contributing to Wrongful convictions, the most common offense related to wrongful convictions. This study will examine the causes of wrongful convictions discovered through exoneration proceedings. This study will also consider the victim impact of wrongful convictions as well as the impact on families of those executed wrongfully. Although there will be no direct benefit to you for taking part in this study, the researcher may learn more about the causes associated with wrongful convictions. You will be asked to answer questions on the causes of wrongful convictions discovered by you or your organization during exoneration proceedings. It's expected to take no longer than 45 minutes to complete the interview. Discussion participation cards will be mailed two days in advance of the meeting. Please be assured that your participation in this study will be strictly confidential and that your name won't be used in describing the findings of the research. You can refuse to answer any questions, or withdraw at any time without penalty. You must be 18 of age or older to participate in this study. If you have any concerns or questions about this study, please feel free to contact me. If you would like to have a copy of the survey results, please let me know so that I can forward you a copy of the report when I complete the proposal. Please accept my sincere appreciation for participating in this study. Sincerely, The purpose of this research has been defined, and my participation is voluntary. I have the right to stop participation at any time without penalty. I understand that the research has no known risks, and I will not be identified. By completing this survey, I agree to participate in this research project. THIS PAGE MAY BE REMOVED AND KEPT BY EACH PARTICIPANT Research at Kennesaw State University that involves human participants is carried out under the oversight of an Institutional Review Board. Questions or problems regarding these activities should be addressed to the Institutional Review Board, Kennesaw State University, 1000 Chastain Road, #0112, Kennesaw, GA 30144-5591, (678) 797-2268
  • 24.
    VICTIM IMPACT OFWRONGFUL CONVICTIONS 24 APPENDIX C Wrongful Conviction Interview Questions The face to face meetings will consist of the following issues: General Questions 1) How do you receive cases for review, and what criteria has been set to determine if a case? Will be represented by your office/organization? 2) What do you think the biggest challenges your office/organization faces in handling exoneration cases? Specific Questions 3) What factors have contributed to the wrongful conviction cases that have been completed? 4) How has the enactment of the Innocence Protection Act of 2004 helped you? Office/organization in the exoneration proceedings? 5) What would policies or legislation you like to see changed or enacted? 6) What has been the hardest thing for you to overcome after being exonerated? 7) Has there been any compensation from the justice system for your wrongful conviction?